刑民司法引入私人侦探的必要性与可行性分析

Analysis of the necessity and feasibility of admitting private detectives in civil and criminal judicial procedure

私人侦探作为取证主体进行调查取证在现实中已是不争的事实,但现行立法中并未赋予私人侦探明确的法律地位。对于应否以及能否在立法上确立私人侦探制度,应区分民事诉讼和刑事诉讼来分析。我国刑事诉讼中尚不具备引入私人侦探制度的现实土壤,私人侦探制度应当民事先行。对于私人侦探,应从外部规制和内部行业自律两个方面对其进行规范,以保障其健康发展。

It is undeniable that private detectives have entered into investigating and collecting evidence,but their legal position is not clearly defined in current legislation.To decide the necessity or possibility of establishing a legal system of private detectives needs to differentiate between criminal litigation and civil litigation.China is not well prepared to establish the system of private detectives in criminal litigation presently,however,the legal system ought to be firstly established in civil litigation.To ensure the proper development of the legal system,the private detectives should be regulated both by internal professional autonomy and by external regulation.